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7.12.2010

Orrin Hatch: No to Kagan

" The first important standard is experience. Ms. Kagan has never before served as a judge — and, in addition, has little legal experience of any kind. Over the Supreme Court’s long history, justices who were nominated without past judicial experience have had an average of 21 years of legal practice. Ms. Kagan has two. Her experience is instead academic and political.

Ms. Kagan’s lack of experience puts even greater emphasis on the second standard: an appropriate judicial philosophy. America’s founders gave us some principles that establish this standard. James Wilson, who signed the Declaration of Independence and was one of Pres. George Washington’s original Supreme Court appointees, said that in America, “the people are masters of the government.” To be masters of the government, the people must control the Constitution that created government. President Washington said in his farewell address that the very “basis of our political systems is the right of the people to make and alter their constitutions of government.” Controlling the Constitution means not only selecting its words but determining the meaning of those words. Thomas Jefferson warned that our written Constitution can help secure liberty only if it is not made a “blank paper by construction.”------Note: Finally I agree with Hatch on something. He presents cogent arguments.